Patna High Court

Manish KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioners.

Summary

Manish Kumar and Sikandar Paswan were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 113.73 litres of liquor were recovered from a vehicle they were driving. They claimed they were unaware of the illicit liquor and that no incriminating material was found on them, also noting the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the absence of prior criminal records, the short period of custody since 20‑11‑2025, and the petitioners’ alleged innocence. The court therefore granted bail, imposing a bond of Rs.15,000 with two sureties and conditions of regular appearance. The order released the petitioners on bail subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
Whether the custody period and lack of incriminating material justify bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Bihar
criminal procedure
Section 103 BNSS
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3584 of 2026
                       Arising Out of PS. Case No.-360 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
           1.     Manish Kumar S/o Prem Nath Paswan R/o Village - Saraiya, P.O -
                  Khanjahan Chak, P.S - Lalganj, District - Vaishali
           2.    Sikandar Paswan S/o Sita Paswan R/o Village - Saraiya, P.O - Khanjahan
                 Chak, P.S - Lalganj, District - Vaishali


                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyadarshni Kumari, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Guthani PS Case No. 360 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 113.730 liters

                   liquor was recovered from car.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.3584 of 2026(2) dt.19-01-2026
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          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor.              It is

          submitted that names of the petitioners have surfaced in this

          case as being driver and passenger of the vehicle in question

          and they were oblivious of the fact that illicit liquor was laden in

          the vehicle. The petitioners are in custody since 20.11.2025 and

          have got no criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                 5.       Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Guthani PS Case

          No. 360 of 2025, subject to the following conditions:

                 (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                 (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.3584 of 2026(2) dt.19-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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